Comp Auditor® II User Guide

 

LICENSE AGREEMENT AND LIMITED WARRANTY

 

1. Legal Agreement

 

This is a legal agreement between the purchaser (hereafter Company) and the Equal Employment Advisory Council (hereafter EEAC) regarding use of the software accompanying this Agreement  entitled the EEAC Comp Auditor® II (Software).  By installing, copying, or otherwise using the Software, Company agrees to be bound by the terms of this Agreement. If Company does not agree to the terms of this Agreement, do not install, copy or use the Software.

 

2. Grant of License

 

EEAC grants Company a limited, non-exclusive, non-transferable, royalty-free license to make and use one copy of the Software to be installed on a single computer residing on Company’s premises solely for Company’s internal use.  “Internal” means use only on the direct behalf of Company and does not include use on behalf of any external client.  “Use” means storing, loading, installing, executing or displaying the Software.  All other rights are reserved to EEAC.  Company agrees not to rent, lease, sell, sublicense, assign, or otherwise transfer the Software or any accompanying materials (Documentation), except that a single copy may be made of this Software solely for backup or archival purposes.  Company shall not reverse engineer or decompile the Software, except to the extent that the foregoing restriction is expressly prohibited by local law.  Any violation by any individual end user of the provisions of this Agreement shall be considered a violation by Company.

   

3. Ownership

 

EEAC shall retain title and all ownership rights to the Software, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Software or to the features or information therein, except as specifically stated herein.

 

4. Termination

 

EEAC may terminate this license upon notice for failure to comply with any of the terms in this license agreement, or if Company ceases to be a member of EEAC.  EEAC also will not provide Software support to a Company that violates this agreement or that fails to maintain current EEAC membership.  Upon termination of this license, Company must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

 

5. Limited Warranty

 

EEAC warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to licensee.  In the event of defects, EEAC’s sole liability shall be to replace the defective media which has been returned to EEAC with your dated invoice and is shown to be defective.  In the event that EEAC is unable to replace defective media, EEAC shall refund Company’s money upon Company’s termination of this license.  THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  FURTHER, EEAC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE.  THIS IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY EEAC, ON THIS EEAC SOFTWARE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EEAC SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

 

6. Acknowledgment

 

By using the software (signified when a Company representative begins installation of the software package), Company acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions.  Company also agrees that the limited warranty is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the agreement.

Copyright © 2007

Equal Employment Advisory Council

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